Humanitext Reader

Justinian I · The Digest of Justinian §27.7.5.pr

Sureties of a Tutor Claiming Deductions in an Action

Passage 4047 of 9271 · Latin

Summary

It is ruled that if an action is brought against the tutor's sureties based on the stipulation for keeping the property safe, they are entitled to the same deductions as the tutor.

[PAULUS libro trigesimo octauo ad edictum. ] §27.7.5.prSi cum fideiussoribus tutoris ex stipulatione rem saluam fore agetur, easdem reputationes habebunt, quas tutor.
[PAULUS, in the thirty-eighth book on the Edict.] If an action is brought against the sureties of a tutor on the basis of the stipulation that the property shall be safe, they will have the same rights of deduction as the tutor.

Notes

  1. 27.7.5.pragetur — The third-person singular future passive of the intransitive verb agere (to bring an action), used impersonally. Combined with cum fideiussoribus (against the sureties), it means 'if an action should be brought against the sureties.'
  2. 27.7.5.prrem saluam fore — A phrase consisting of an accusative (rem) and a future infinitive (saluam fore), indicating the content of the stipulation (stipulatio). It refers to the standard legal verbal contract in Roman law, stipulatio rem pupilli saluam fore (a promise that the pupil's property shall be kept safe).
  3. 27.7.5.prreputationes — Refers to 'deductions' or 'offsets' in legal accounting and settlement. It means that the right to deduct necessary or beneficial expenses incurred by the tutor during administration from the pupil's claim can be asserted not only by the tutor as the principal debtor but also by the sureties (fideiussores).

Cite this passage

Justinian I, The Digest of Justinian §27.7.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.7.5.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.